7th Circuit Affirms Order Tossing ‘Each and Every Exposure’ Theory of Causation in Asbestos Case

September 1, 2017

CHICAGO –– The 7th Circuit U.S. Court of Appeals has affirmed a lower court order excluding an expert’s reliance on an “each and every exposure” theory of causation, concluding that none of the plaintiff’s experts had considered information about the amount of exposure in their analyses.

In an Aug. 31 opinion, the 7th Circuit concluded that an expert’s cumulative exposure theory was merely a re-packaged “each and every exposure” theory.

Plaintiff Charles Krik asserted the claims, contending that his lung cancer was caused by exposure to asbestos he encountered while working aboard U.S. Naval vessels. During the course of ...